The defendant shall pay to the plaintiff the amount of KRW 36,686,361 and the amount of KRW 19,374,98 from January 15, 2020 to the date of full payment.

1. Determination as to the cause of claim

A. On January 11, 2008, the Plaintiff and the Defendant lent KRW 20 million to the Defendant, but the term of the loan was January 11, 201, and the interest rate was changed. 2) The Defendant paid interest by August 20, 201, and did not pay interest from the following day.

3) As of August 21, 2014, the principal amount is KRW 19,374,998 for the principal as of August 21, 201; KRW 161,571 for the interest accrued; KRW 17,149,792 for the interest accrued until January 14, 2020; and the interest accrued at KRW 36,686,361 for the interest accrued (i.e., KRW 19,374,98 KRW 161,571, KRW 17,149,792 for the interest accrued at KRW 36,686,361 for the interest accrued (i.e., KRW 19,374,99

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 12% per annum, which is the agreement rate of KRW 36,686,361 of the principal and interest of loans and KRW 19,374,98 of the principal and interest of the principal of these amounts, from January 15, 2020 to the date of full payment.

2. Judgment on the defendant's defense of extinctive prescription

A. The Plaintiff’s claim as to the principal and interest of the loan (hereinafter “instant claim”) is a commercial claim with five years’ extinctive prescription. Thus, even if the Defendant calculated from August 20, 2014 when the Defendant paid the last interest, the period of five years’ extinctive prescription expires, and the instant claim was filed on January 15, 2020 and the extinctive prescription expires.

B. The fact that the Defendant paid the last interest on August 20, 2014 is as stated in the above facts-finding. Since the claim in this case is a commercial claim and the five-year extinctive prescription is applied, it is apparent that the Plaintiff filed the lawsuit in this case for more than five years.

3. The plaintiff's second defense concerning the interruption of extinctive prescription.

A. The Plaintiff’s assertion made an agreement on debt settlement through D around April 2013, and deposited in D the amount of installment payments due to debt settlement. Since D’s debt settlement becomes effective on April 15, 2015, the following day from April 16, 2015.